Fandom and the Intersection With IP: Copyright and Trademark Infringement, Fair Use, Protecting IP Rights

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, January 17, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 23, 2022

or call 1-800-926-7926

This CLE webinar will guide counsel on the intersection between fan-created content and IP. The panel will discuss potential copyright and trademark infringement issues, fair use, and right-of-publicity issues. The panel will offer best practices for protecting IP rights and utilizing fan-generated content.

Description

When fans love a book or film series, such as Harry Potter or Star Wars, or a television show, such as Stranger Things or Game of Thrones, they want to express their fannishness through a variety of creative products and other fan-created content. Online marketplaces are filled with unlicensed creative products inspired by these and other movies, tv shows, and the worlds created by them, and archives host millions of freely distributed fanworks.

The holders of the IP rights related to such movies or shows have often seen such products and content as a threat to the underlying brand and as an augmentation of their own promotional works. Companies use their exclusive rights based on copyright and trademark to limit distribution of fan-created goods, and under the Copyright Act of 1976, companies control substantially similar reproductions as well as derivative works.

Under certain conditions, rights holders can "recapture" fan-generated content. Shutting down fan activity or recapturing content comes with some risk. Sending a cease and desist notice to fans could backfire and turn their devotion to animosity.

Listen as our authoritative panel of IP attorneys examines the intersection of fan-created content and IP. The panel will discuss potential copyright and trademark infringement issues, fair use, and right-of-publicity issues. The panel will offer best practices for protecting IP rights and recapturing fan-generated content.

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Outline

  1. Fan-created content and IP intersection
  2. Copyright
  3. Trademark
  4. Fair use
  5. Right of publicity
  6. Best practices
    1. Protecting IP rights
    2. Recapturing fan-generated content

Benefits

The panel will review these and other key issues:

  • Where is the line between fan expression and an infringing product?
  • What potential risks do IP owners face by stifling fan creativity?
  • What steps should companies and counsel take to protect IP rights?
  • Do fans have any rights to their creative works that need to be considered by the IP holder?

Faculty

Sarnow, Courtney
Courtney Lytle Sarnow

Partner
Culhane Meadows Haughian & Walsh

Ms. Sarnow has over 25 years of experience in a broad-based transactional practice with a specific focus on IP and...  |  Read More

Tandy, Heidi
Heidi Howard Tandy

Partner
Berger Singerman

Ms. Tandy has handled matters involving the internet, social media, privacy, intellectual property and tech law issues,...  |  Read More

Attend on January 17

Early Discount (through 12/23/22)

Cannot Attend January 17?

Early Discount (through 12/23/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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